The Court of Appeal is scheduled to hear the appeals by former lord president, Eusoff Chin, former chief justice Ahmad Fairuz Sheikh Abdul Halim and lawyer VK Lingam over a 2007 royal commission's recommendation that action be taken against them.

All three appeals are scheduled to be heard tomorrow. However, it is not immediately known whether the appeals will be disposed of or a decision will be reached.

lingam tape hearing 300108 vk lingam 01 The Royal Commission of Inquiry into the VK Lingam Tape had recommended that the authorities take action against six persons, including former premier Dr Mahathir Mohamad, following evidence that they were involved in the brokering of senior judges.

Other than Mahathir, Eusoff, Fairuz and Lingam, tycoon Vincent Tan and Umno secretary-general Tengku Adnan Tengku Mansor were also named by the commission.

On Dec 12, 2008, then High Court (Special Powers and Appellate division) justice Abdul Kadir Musa ruled that the findings from the commission of inquiry could not be challenged .

Abdul Kadir refused to grant leave for Lingam, Eusoff, Ahmad Fairuz, Tan and Adnan to challenge the commission's findings.

It is uncertain as to whether Tan and Adnan have filed their appeals.

Low point in Malaysia's judiciary

anwar release full lingam tape 141207 anwar wathching video 2 Dubbed the ‘ Lingam tape saga ’, the disclosure in Sept 2007 by Anwar Ibrahim of a video recording of Lingam in a phone conversation with Fairuz over the brokering of senior judges was one of the lowest points in Malaysia's judicial history after the removal of former lord president Salleh Abbas and four other senior judges in 1988.

The royal panel, which called a total of 21 witnesses to testify, found:

  • the video clip was authentic;
  • Lingam was engaged in a phone conversation with Fairuz in the presence of businessman Loh Mui Fah and his son Gwo-Burne (now Kelana Jaya parliamentarian), who took the video;
  • Lingam had directly influenced the elevation of judges, including the appointment of Fairuz as president of the Court of Appeal and, possibly, the latter’s further appointment as chief justice;
  • Lingam to have asked Tan and Adnan to be actively involved in the appointment of judges, in particular the appointment of Fairuz as chief judge of Malaya and subsequently, president of the Court of Appeal;
  • The phone conversation indicated Lingam's "uncanny knowledge" of what could be considered as matters classified as being under the Official Secrets Act; and
  • Adnan could have been Lingam's ‘source’ in the Prime Minister's Department.